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oft proposes expanding use of disqualification for competition violations August 24, 2009

Posted by Bradley in : consumers , trackback

The UK’s Office of Fair Trading is seeking comments on proposals to improve competition law enforcement by expanding its use of director disqualification. The OFT says that the current approach:

may not sufficiently encourage directors to take positive steps to uncover potentially anticompetitive behaviour or monitor their companies’ competition law compliance. Under the current approach a director who did not know (but ought to have known) that the conduct of the undertaking constituted a breach of competition law is less likely to be subject to a CDO application than one who had reasonable grounds to suspect that it constituted a breach (but who took no steps to prevent it) or one whose own conduct contributed to a breach.

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